One of the most important issues for litigation is whether a claimant’s right to action is within the limitation period. The Limitation Act 1980 contains provisions on limitation periods for different areas of law, ranging from negligence to breach of...
The overall process can be broken down into the following steps:
- Initial assessment
- Expert evidence
- Assessing damages
The Clinical Negligence Pre-Action Protocol was introduced to encourage early settlement before Court proceedings. It requires parties to try to negotiate a settlement between them, meaning that very few claims result in Court proceedings.
In some circumstances, however, Court proceedings will be necessary, for example if liability is in dispute or if it is not possible to negotiate a fair settlement for you. Even so, the vast majority of cases are settled without you having to attend court.
When you first consult us we will take detailed instructions about the care and treatment you have received and how this has affected you. At this stage we will be able to give you a preliminary view on the prospects of success, the likely timescale and funding options.
We will obtain all the evidence necessary to ascertain why and how the standard of care you received was not acceptable and also the detail and effects of your injury. We will ask you for some of this information as well as requesting information from other sources i.e. your medical records.
Expert evidence is of crucial importance in Clinical Negligence claims. Our role includes finding suitable experts and instructing them to prepare reports which will outline the injuries you have suffered and their opinion on your prognosis. We have built professional relationships with a whole wealth of medics so you can be assured that we will find a suitable expert for you.
Damages and settlement
We consider at each stage of a claim whether it is capable of valuation and settlement. Our services do not end there however; we can recommend a specialist from our Trust department who can advise you on whether you should put your damages into a trust.